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Moto Trip BG

GENERAL TERMS AND CONDITIONS FOR USING THE SERVICES made available via www.mototripbg.com

1. SUBJECT MATTER

1.1. These General Terms and Conditions herein below shall govern the relations between Moto Trip and any user of the Services made available via the www.mototripbg.com Website. By using the Services made available at www.mototripbg.com, each user of the Services declares that he or she has read these General Terms and Conditions and undertakes to abide by them.

1.2. All capitalized terms and expressions in these General Terms and Conditions are defined in item 10. herein and shall have the meaning given in these General Terms and Conditions.

2. SERVICES PROVIDED BY MOTO TRIP VIA WWW.MOTOTRIPBG.COM

2.1. The Services offered by Moto Trip via its Website are related to renting of available or similar to them Motorcycles with/without Equipment and shown on the Website, in accordance with these General Terms and Conditions, as well as the Individual Rental Agreement concluded between Moto Trip and the Client. If the Client refuses to sign these General Terms and Conditions, Moto Trip shall be entitled to refuse providing the Services and shall be entitled to claim damages (lost profit inclusive) from the Client. In the instances under the preceding sentences Moto Trip shall withhold the Advance Payment made.

2.2. Moto Trip shall offer the following Services:

3. RESERVATION. ADVANCE PAYMENT.

3.1. After having completed the selection process as per item 2. of these General Terms and Conditions, the Client shall be able to make a reservation for a chosen Rental Term by selecting the type of available Motorcycle with/without Equipment. Following the selection of the options, the system displays the Rental Price, the Advance Payment and the Deposit due. If the Client wishes to proceed further with the reservation process, a valid credit/debit card details will have to be entered on the Website for making the Advance Payment serving as a guarantee that the Client will observe his/her obligation to conclude an Individual Rental Agreement, to present the documents allowing him/her to drive the vehicle selected and to use the Services as requested via the Website.

3.2. Please note that the Reservation shall be completed and binding to Moto Trip only after the Advance Payment made is received in Moto Trip’s bank account and after Moto Trip sends an e-mail for confirmation of the reservation made containing the reservation number.

3.3. If the Client wishes to change the reservation, or cancel it, this can be done not later than 60 days before the beginning of the Rental Term and only with the express written consent of Moto Trip, communicated (via e-mail) to the Client. For the avoidance of doubt, the changes to the reservation shall be valid only if confirmed by Moto Trip. If the Client cancels the trip less than 30 (thirty) days before the beginning of the agreed Rental Term, the Advance Payment shall be retained by Moto Trip. The Client shall be entitled to make a change to the Reservation free of charge only once. If a second change in the reservation is requested, Moto Trip shall deduct from the Advance Payment a fee in the amount of EUR 99. If the Advance Payment does not cover the fee for the second change to the Reservation, then the Client shall be bound to pay the difference simultaneously with the payment of the Rental Price.

3.4. When refunding any amounts to the Client, Moto Trip shall deduct any banking and other fees related to the bank transfers.

4. INDIVIDUAL RENTAL AGREEMENT. DEPOSIT.

4.1. All obligations of the Client and Moto Trip shall be binding upon signing an Individual Rental Agreement and payment of the Deposit by the Client. The Individual Rental Agreement shall be signed by the parties or their duly authorized representatives at the beginning of the Rental Term and the pick-up of the Motorcycle chosen in the reservation process by the Client as agreed in the General Terms and Conditions.

4.2. Upon signing an Individual Rental Agreement, the Client shall present the following documents in original: valid personal ID card/passport, valid Category A driver’s license, allowing driving the selected Motorcycle.

4.3. When signing an Individual Rental Agreement, Moto Trip may ask the Client to demonstrate his/her ability to drive the selected Motorcycle. Moto Trip reserves the right to refuse to enter into an Individual Rental Agreement if it considers that the Client does not have the required skills to drive the selected Motorcycle.

4.4. When handing over and returning the rented Motorcycle, the parties shall sign attachments (records of handover) that form an integral part of the Individual Rental Agreement and which describe the condition of the Motorcycle and its accessories (documents and Equipment) with which it is rented.

4.5. Upon signing the Individual Rental Agreement, the Client shall pay a one-time Deposit in the amount of EUR 399. The Deposit shall serve as a guarantee for the proper performance of the Client’s obligations under these General Terms and Conditions and the Individual Rental Agreement, and shall cover:

5. RENTAL PRICE. PAYMENT TERMS.

5.1. The Rental Price for the Rental Term requested by the Client during the reservation process shall be confirmed at the time of completion of the registration process as per item 3. of these General Terms and Conditions by sending of a confirmation e-mail on the part of Moto Trip. It is expressly agreed that the Rental Price does not include the fuel used by the Client.

5.2. The Rental Price includes 300 km daily mileage. If during the Rental Term, the Client exceeds the included mileage, he/she has to pay the additional kilometres at price € 0.10 per km.

5.3. The Rental Term shall be the one fixed in the Individual Rental Agreement and shall be not less than 72 hours. If the Client desires to extend the initially agreed Rental Term, the Client shall send a request to Moto Trip either via the Website reservation form, or via Moto Trip’s e-mail. The extension of the Rental Term shall be valid only if confirmed by Moto Trip in advance via e-mail and after the Client has paid in advance the Rental Price due for the extended Rental Term. If the Client reduces the Rental Term by returning the Motorcycle earlier than the end of the Rental Term, the payments made by the Client in advance shall not be reimbursed, with the exception of the Deposit, provided that the requirements for its return under these General Terms and Conditions are met.

5.4. The full amount of the Rental Price shall be payable in advance no later than on the date of handover of the Motorcycle to the Client via bank transfer, by debit/credit card, PayPal or in cash upon signing the Individual Rental Agreement and the record of turnover. All online payments are made via PayPal and are protected by SSL certificate technologies. Please be informed that Moto Trip is not liable for any damage caused as a result of unauthorized use of debit/credit cards, and the Client hereby agrees to hold Moto Trip harmless against any third party claims in this respect.

5.5. If the Client fails to make any of the payments (the Advance Payment and/or the Rental Price and/or the Deposit) in accordance with the terms agreed herein, Moto Trip shall not be bound to enter into an Individual Rental Agreement, nor to hand the Motorcycle over to the Client. At the same time, Moto Trip shall be entitled to keep the Advance Payment made by the Client as compensation for the pre-contractual liability of the Client.

5.6. Moto Trip shall not be liable for any fees imposed on the Client in relation to the payment method used by the latter (such as fees charged by the Client’s bank, fees charged by the payment application or the online payment service, or any credit card or debit card fees).

5.7. The Client shall be entitled to use different platforms, solutions or applications to access the Services of www.mototripbg.com, as well as different payment platforms and applications, such as Google Wallet, Apple Pay, ePay, PayPal etc. and any other access/payment medium, site, or application expressly specified on the Website. If the Client uses such applications and platforms, apart from the provisions of these General Terms and Conditions, the Client shall abide by the terms and conditions of those applications/platforms as well. Moto Trip shall not be liable for any of the provisions of those terms and conditions, nor shall it be liable for any of the fees imposed as a result of the use of such applications and platforms.

6. PICK-UP AND RETURN OF THE MOTORCYCLE

6.1. If the Client fails to appear at the time and place specified during the reservation process in order to pick up the Motorcycle, Moto Trip shall be obliged to wait for up to two hours for the Client or his/her duly authorized representative. If the Client has not shown up within those two hours to conclude the Individual Rental Agreement and to pick up the Motorcycle, Moto Trip shall be exempted from the obligation to enter into an Individual Rental Agreement and shall retain the Advance Payment made as compensation for the damage suffered by Moto Trip.

6.2. The rented Motorcycle shall be picked up by the Client on the date, at the hour and place shown on the reservation confirmation after signing a record of handover, outlining the condition of the Motorcycle. The record of handover shall be an integral part of the Individual Rental Agreement and shall serve as proof of the performance of the parties’ obligations. The Client is obliged to point out all his/her remarks in relation to the condition of the Motorcycle and/or the rented Equipment in the record of handover signed at pick-up. If no remarks are pointed out by the Client, it is considered that the latter accepts the condition of the Motorcycle and agrees that its operational condition is suitable for the purposes of the Individual Rental Agreement and that the Motorcycle is not visibly damaged.

6.3. Moto Trip shall be entitled to refuse signing of such a record of handover, respectively to deliver the Motorcycle to the Client, if at the signing the record of handover the Client fails to present any of the documents under item 2.3. herein and/or a valid debit/credit card used for the payments made on the grounds of the Individual Rental Agreement, and/or if the Client fails to make any of the payments as per item 5. herein. In such case, Moto Trip shall be entitled to retain the Advance Payment made as a compensation.

6.4. The Client is obliged to return the Motorcycle back to Moto Trip not later than one hour following the end of the Rental Term. If the Client is in delay, he/she is obliged to inform Moto Trip about the grounds for the delay in writing and give an estimated time of the expected arrival at the place for returning the Motorcycle. The delay in returning shall be charged as additional Rental Term according to the valid Rental Price and Moto Trip shall be entitled to withdraw the additionally accrued Rental Price from the Deposit amount blocked. Further to the additional Rental Price due for the period of delay, the Client shall owe Moto Trip liquidated damages in the amount of the daily Rental Price for each day of delay. The liquidated damages shall also be covered by the Deposit and Moto Trip shall be entitled to deduct these from the Deposit paid by the Client pursuant to these General Terms and Conditions. If the Client fails to return the rented Motorcycle within the agreed deadline and/or fails to notify Moto Trip in writing about the reasons for the delay, Moto Trip shall be entitled to approach the police authorities and claim misappropriation of the rented Motorcycle.

7. RIGHTS AND OBLIGATIONS OF THE PARTIES

7.1. Moto Trip shall have the following rights and obligations:
7.2. The Client agrees that he/she shall have the following rights and obligations:

8. DISCLAIMER

8.1. By accepting these General Terms and Conditions, the Client declares that he/she will be using the Services at his/her own risk and responsibility, and the parties agree that Moto Trip shall not be liable for any damages suffered by the Client as a result of using the Services except where such damages were inflicted by Moto Trip wilfully or caused as a result of gross negligence on its part.

8.2. Moto Trip shall not be liable to the Client or to any third parties for any damages and losses resulting from the use, suspension, cancellation, change or limitation of the Services or the deterioration of their quality.

8.3. Moto Trip shall not be liable if it is unable to provide the Services due to circumstances beyond its control, such as force-majeure events, natural disasters, disruptions in the Internet service, disruptions in third-party services, Client’s equipment malfunctions and malicious activities including unauthorized access or third-party intervention in the operation of Moto Trip’s information system or servers, etc., or in the event that Moto Trip refuses to provide any of the Services due to non-performance of these General Terms and Conditions on the part of the Client.

8.4. If any of the circumstances declared by the Client by accepting these General Terms and Conditions, or by using the Services, is proven not to be true, or if the Client violates these General Terms and Conditions, the Client shall be liable to compensate Moto Trip for any resulting damages and lost profits.

8.5. The Client agrees that the Website and the Mobile Application may use advertising techniques such as remarketing, interest targeting and similar audience targeting, etc.

8.6. The Client shall also release Moto Trip of any responsibility in the following cases:

9. INSURANCE AND DAMAGE COVERAGE

9.1. By signing these General Terms and Conditions the Client agrees that the Motorcycle is insured for the compulsory “Vehicle Driver Third Party Liability Insurance“.

9.2. In case of occurrence of any accidents with the Motorcycle, including, but not limited to: theft, road accident, malicious acts by third parties and others, the Client is obliged to immediately notify Moto Trip, as well as to call the emergency number 112 and the insurer’s telephone number provided on the Website in order to report about the accident to the police authorities and the insurer, as well as to inform them about all facts and circumstances related to the accident.

9.3. Upon the occurrence of an accident, the Client shall strictly abide by the Insurer’s general conditions under the compulsory “Vehicle Driver Third Party Liability Insurance“, and comply with all instructions, given thereto via phone or in any other manner by Moto Trip and by the insurance company, including to sign a bilateral record about the accident occurred and to furnish him/herself with a record issued by the police authorities about the accident occurred.

9.4. In case the Client fails to fulfil any of the above obligations, the Client shall assume full responsibility for all property and non-property damages, which are a result of the accident.

9.5. If as result of the accident the Motorcycle was damaged to the extent that it cannot be driven (it is not in the condition of self-moving), the Client shall get in contact with Moto Trip who shall instruct him/her about the service shop or another place, to which the motor vehicle is to be taken entirely at the expense of the Client.

9.6. Upon request of the Client, and only in the event that the accident was not caused by the Client and has not occurred by the Client’s fault, Moto Trip could agree to replace the Motorcycle with another one. In such case, the Client shall assume the costs for delivery of the replacement Motorcycle to the site where the Client is located. If, at Moto Trip’s discretion, the Client has violated these General Terms and Conditions, Moto Trip has the right to refuse replacement of the Motorcycle, and the prepaid Rental Price shall remain as compensation for Moto Trip in connection with the accident.

9.7. In case the accident was caused by fault of, or by the Client, the Client shall assume full responsibility for any direct and indirect, property and non-property damages that occurred as a result of the accident, including but not limited to: repair of the Motorcycle, transporting it from the place of accident to a service shop, compensations due to third parties and others, if the damages are not covered by the insurance concluded.

9.8. Defects or damages beyond the control of the parties. If it turns out that the rented Motorcycle has a factory defect or any of its parts is damaged not by the Client’s fault, Moto Trip shall be obliged to remedy the defect/damage at its own expense in the shortest possible term. If the failure/defect cannot be remedied within 6 hours of establishing it, Moto Trip has the right to refuse replacement of the Motorcycle with another one and the Client shall wait for the remedy of the defect. If the repair takes longer than the time cited above, then Moto Trip undertakes to replace the Motorcycle with another one. In case, however, Moto Trip does not have another Motorcycle available, then Moto Trip shall be exempted from the obligation to replace the rented Motorcycle, and shall be bound only to restore to the Client the balance of the Rental Price until the end of the Rental Term of the Individual Rental Agreement and to ensure transport for the Client to the place of handover of the Motorcycle from Moto Trip to the Client. If the Client requests transport to another place, then the transport shall be at the expense of the Client.

9.9. In the event of damage, failure or theft, the Client shall owe Moto Trip a fee of EUR 149 for any administrative actions, resulting from the occurrence of the relevant event, and Moto Trip has the right to deduct the fee from the amount of the Deposit blocked under these conditions.

9.10. The Deposit provided by the Client shall serve as a guarantee for the performance of all his/her obligations, including those for maintenance of the Motorcycle, for removal of any and all damages to the Motorcycle, which are due to an action or omission by the Client, etc.

9.11. In the event of an accident or damage to the Motorcycle, the Client hereby gives his/her express consent for Moto Trip to keep the Deposit provided by the Client until all circumstances are clarified, including whose responsibility the failure/accident is. In case the accident/damage is by Client’s fault or the result of his/her actions or omissions, Moto Trip shall utilise the Deposit to cover the damages incurred at their market value. If the amount of the Deposit is insufficient, Moto Trip shall inform the Client about this in writing to the correspondence email provided by the Client, and the Client shall be obliged to pay to Moto Trip the difference between the Deposit and the value of the damage within 10 (ten) days from the notification. In case of theft or total damage of the Motorcycle by Client’s fault or as a result of non-performance of his/her obligations under these General Terms and Conditions, the Client shall be obliged to pay to Moto Trip the market value of the Motorcycle or the value at which the same was purchased by Moto Trip. If the Deposit provided by the Client exceeds the market value of the damage, Moto Trip shall reimburse the difference to the Client in the shortest possible term, but not exceeding 60 (sixty) days.

9.12. By signing these General Terms and Conditions, the Client declares that he/she is familiar with the fact that while driving the Motorcycle, damages to third parties or to him/herself could occur, which are not covered by the ”Vehicle Driver Third Party Liability Insurance” concluded by Moto Trip, and the Client can conclude, at his/her own wish, and entirely his/her expense, an insurance covering any risks that are not covered by the “Vehicle Driver Third Party Liability Insurance”.

10. DEFINITIONS

For the purposes of interpreting and implementing these General Terms and Conditions, the words and expressions listed below shall have the following meanings:

11. DISPUTE RESOLUTION

11.1. Any disputes, arising from or in relation to these General Terms and Conditions, which Moto Trip and the Client have been unable to resolve amicably, shall be referred to the competent court of law in the city of Sofia and shall be resolved in accordance with the provisions of the Bulgarian substantive law.

11.2. Any matters related to the performance or interpretation of the Individual Rental Agreement that are not expressly arranged for in these General Terms and Conditions, shall be governed by the provisions of the laws of the Republic of Bulgaria.

12. AMENDMENT AND ACCESS TO THE GENERAL TERMS AND CONDITIONS

12.1. Moto Trip shall provide information for the users regarding any changes introduced to the General Terms and Conditions by publishing them on the Website.

12.2. Moto Trip and the Client agree that any amendments and supplements to these General Terms and Conditions shall inure for Clients using any particular Services as of the date on which such amendments and supplements have been communicated. Unless the respective Client expressly rejects them in writing by e-mail submitted within 7 days of the publication of the amended General Terms and Conditions, they shall be binding on the Client.

12.3. If any of the provisions of these General Terms and Conditions proves to be null and void, this shall not cause the rest of the provisions of the General Terms and Conditions to become null and void as well.

12.4. The Privacy Policy and the Cookies Policy shall form an integral part of these General Terms and Conditions and by accepting these General Terms and Conditions the Client expressly consents to the other two policies and confirms that he/she has become familiar with their content.

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